of California, in the county of

C D for

against the defendant dollars; which judgment was entered and docketed by the clerk of said court the same day, and a certified transcript of said docket of said judgment was thereafter, and on the filed for record and recorded in the office of the county recorder of the county of in this state. [The county in which the land hereinafter mentioned is situate.]

day of

II.

day of

delivered

That thereafter two executions were issued to enforce said judgment, one of which was on the to the sheriff of said county of

[the county of the then

residence of the said defendant]; and the other of which was the same day delivered to the sheriff of the county of [the county in which the land hereinafter mentioned is situate.]

III.

That before this action, said executions were returned wholly unsatisfied, and said judgment is wholly unpaid and unsatisfied;

IV.

That prior to the entry of said judgment, but after the indebtedness upon which said judgment was rendered had been incurred, the defendant C D, for the purpose of defrauding plaintiff, and to prevent him from collecting said indebtedness, conveyed to the defendant E F real estate of said defendant CD, situate in said county of -, and which is described as follows: [describe it] and which real estate was not, and never has been exempt from execution. And said defendant E F knew of said indebtedness of the defendant C D to plaintiff, and he received said conveyance so made for the purpose of defrauding plaintiff, and to prevent him from collecting said indebted

ness;

V.

That there was no consideration for said conveyance of said real estate [or if there was a consideration, state wherein it was fraudulent] and the said defendant C D had, after he made said conveyance, no property standing in his name, out of which the said judgment of plaintiff could be satisfied in whole or in part.

WHEREFORE plaintiff demands judgment against the defendants, that said conveyance of said real estate be set aside and declared void; and that said defendants, and each of them, be enjoined from disposing of, transferring, or incumbering said real estate; that an alias execution be issued out of this court directed to the sheriff of said county of -, empowering and commanding him to sell said real estate to satisfy said judgment, or so much thereof as may be necessary to satisfy the same; and for such other or further relief as the equity or the case may warrant; and plaintiff's costs of suit.

G H,

Attorney for Plaintiff.

Such action should be commenced in the county in which the land is situate; and a lis pendens should be filed in that county.

state, described as [describe it] of the value of

II.

dollars;

That plaintiff was then old, infirm, and his eyesight was much impaired, and by reason thereof he was incapacitated from attending properly to business, all of which was known to defendant; and said defendant, for the purpose of defrauding plaintiff out of said lot, on said day of procured plaintiff to execute an instrument in writing, which, plaintiff alleges upon. his information and belief, was a deed conveying to the defendant said lot of plaintiff, but which instrument in writing defendant falsely represented to plaintiff was a lease of said lot for one year, and plaintiff, believing such representations to be true, and by reason of said representations, executed such instrument in writing, and acknowledged the execution thereof, and delivered the same to defendant, and plaintiff alleges that there was

and is no consideration for such deed, and plaintiff further alleges that on the day of - defendant caused said instrument in writing to be recorded as a deed in the office of the recorder of said county of

WHEREFORE plaintiff asks judgment, that said instrument in writing be adjudged to be void, and that it be further adjudged that defendant convey to plaintiff the legal title defendant acquired by said conveyance made by plaintiff to him of said lot, and acknowledge such conveyance so that it can be recorded, and for such other and further relief as the equity of the case may warrant, and for plaintiff's costs of suit.

day of

the owner in

That the plaintiff was on the fee of real property described as [describe the real estate] and while so the owner of said real estate he did on said day sell the same to the defendant for the sum of

dollars, and there

after, and on the same day, by his deed he conveyed the same to said defendant in fee;

plaintiff the sum of

II.

That on such sale and conveyance the defendant paid to the dollars, a part of the purchase money was so sold, and promised to pay to days thereafter the sum of

for which said real estate plaintiff within

dol

lars, the balance of said purchase money, but defendant has not paid the same, and the same is due and wholly unpaid; that said balance of said purchase money is unsecured except by the vendor's lien sought to be enforced in this action.

WHEREFORE plaintiff demands judgment against the defendant for the sum of dollars, and the interest thereon at

the rate of

per cent. per annum from the day of —, and plaintiff's costs of suit, and that the same is a lien on said real estate, and that said property, or SO much thereof as may be necessary for that purpose, be sold, and the proceeds thereof be applied to the payment of the judgment so to be rendered, and for such other or further relief as the equity of the case may warrant, and for costs of suit.

G H, Attorney for Plaintiff.

In case the real estate has been sold and conveyed by the vendee, and the purchaser knew at the time of the sale and conveyance that the plaintiff's said vendee had not paid plaintiff the whole purchase money, or if there were a fraudulent conveyance, or other facts existed which would give to plaintiff a right to foreclose his vendor's lien, such facts should be stated in the complaint, and all proper persons should be made defendants in the action.

plaintiff's promissory note in writing, of which the following is a copy: [Insert copy.]

And the plaintiff at the time he made said promissory note was, and ever since has been the owner of real property described as [describe said real property] and the plaintiff, on the date of the making of said promissory note, and to secure the payment thereof, executed, acknowledged and delivered to defendant a mortgage of said real property, which mortgage plaintiff had recorded in the office of the county recorder of

county, in this state, of which mortgage, and the certificate of the acknowledgment, and of the recording thereof, the following are copies: [Insert copies.]

II.

That plaintiff has paid to defendant all the interest on the principal of said promissory note up to the day of —, and

on the

day of, when [or after], the said promissory note became due, plaintiff offered to pay, and tendered to the defendant the sum of dollars, the principal of said promissory note, together with the sum of dollars, all the interest then due thereon, and demanded that said mortgage be cancelled, and plaintiff has ever since been able, ready and willing and offers to pay the same, and any other sum which the court may determine to be due thereon, but the defendant refused to receive the same or to deliver up said mortgage to be cancelled, and refused to discharge said mortgage of record.

WHEREFORE the plaintiff, demands judgment, that an account be taken of the amount now due said defendant on said note and mortgage, and that plaintiff may be at liberty to redeem said mortgaged premises, and to have delivered up and cancelled said promissory note and mortgage upon payment of whatever may be found so due, and that the defendant upon such payment, satisfy and discharge said mortgage of record, and for such other or further relief as the equity of the case may warrant, and for $100 statutory penalty for defendant's refusal to discharge said mortgage, and for plaintiff's costs in this action. G H,

FORM NO. 80.

Attorney for Plaintiff.

ACTION FOR THE DISSOLUTION OF A CO-PARTNERSHIP.

[Name of Court.]

Plaintiff complains and alleges:

That on the

I.

day of

plaintiff and defendant formed

a partnership under written articles of partnership, of which the following is a copy: [Insert copy.]

[Or if the contract of partnership was not in writing, state its legal effect.]

II.

That plaintiff and defendant on the day of

com

menced to carry on, and have ever since continued to carry on said partnership business under said partnership contract;